First Time DUII Penalties and Fines

Interviewer: Can you give a brief outline of the penalties, the fines and the requirements you’ll have to undergo if you’re convicted or if you plea to a first time DUII?

Shannon: For a DUII we know the maximum is $6,250, and up to one year in jail for a DUII. And remember, depending on which county you’re in, you could have additional charges. In some counties, you’re going to have reckless driving along with DUII, possession or reckless endangerment or something like that.

So with just a DUII charge, you’re looking at minimum 48 hours of jail time or 80 hours community service. And most times, the district attorney or state attorney’s office is asking for more than that. They’re asking for anywhere from four to ten to more days if you’ve had a prior DUII. So you have that, you have the year license suspension for a conviction. If you blew under a .15, you’re facing a $1,000 fine, most likely. Now things change, so bear in mind that the fees could change. If you blow above a .15, now you are looking at heightened penalties, so it’s a $1,500 fine., I believe. If it’s your second DUII it could be up to $3,500.

License Suspension

Interviewer: The license suspension, how long is that with a first time offense versus a second offense?

Shannon: A license suspension is one year for a first time DUII. If you have a second DUI, this is going to be confusing, but if you have a second DUI within the past five years then you’re looking at the three-year license suspension just from the court. But if you receive two DUIIs that had breath test failure and it was in the past five years then you can receive a three-year license suspension, too. That’s through the DMV.

Interviewer: Well, at least a ballpark even the lower end, you’re looking at a year suspension if just give up and plead and it could be quite a bit more.

Shannon: Yes. At least a year or you could be facing a three-year suspension or you could be facing a lifetime revocation if you’re convicted of your third DUII.

Interviewer: A lifetime revocation?

Shannon: Yes, and, then, through the DMV, if you have three traffic crimes within the past five years, you can face a five-year license revocation. So it could be driving while suspended, DUII, it could be failure to perform duties of a driver.

Shannon I. Wilson, Esq.

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